Page:United States Statutes at Large Volume 102 Part 3.djvu/1027

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-585—NOV. 3, 1988

102 STAT. 2979

U.S.C. 450 et seq.) to the same extent as if such functions were performed by the Bureau of Indian Affairs. (b) APPLICATION.—This section shall not apply if the application of this section would detrimentally affect the construction schedules of the Dolores and Animas-La Plata Projects. SEC. 11. MODIFICATION OF AGREEMENT; RULE OF CONSTRUCTION.

(a) MODIFICATION.—The Agreement shall be deemed to have been modified to conform to this Act. (b) RULE OF CONSTRUCTION.—The Agreement shall be construed in a manner consistent with this Act. This Act is intended solely to permit settlement of existing and prospective litigation among the signatory parties to the Agreement. This Act is the result of a voluntary compromise agreement between the Southern Ute Indian Tribe, the Ute Mountain Ute Indian Tribe, the State of Colorado, local water districts and municipalities, and the United States. Accordingly, no provision of this Act, the Agreement, or the final consent decree shall be construed as altering or afTecting the determination of £my questions relating to the reserved water rights belonging to other Indian tribes. SEC. 12. INDIVIDUAL MEMBERS OF TRIBES.

Any entitlement to reserved water of any individual member of either Tribe shall be satisfied from the water secured to that member's Tribe. SEC. 13. EFFECTIVE DATE.

(a) Sections 4(b), 5, and 6 of this Act shall take effect on the date on which the final consent decree contemplated by the Agreement is entered by the District Court, Water Division No. 7, State of Colorado. Any moneys appropriated under section 7 of this Act shall be placed into the Ute Mountain Ute and Southern Ute Tribal Development Funds in the Treasury of the United States together with other parties' contributions to the Tribal Development Funds, but shall not be available for disbursement pursuant to section 7 until such time as the final consent decree is entered. If the final consent decree is not entered by December 31, 1991, the moneys so deposited shall be returned, together with a ratable share of accrued interest, to the respective contributors and the Ute Mountain Ute and Southern Ute Tribal Development Funds shall be terminated and the Agreement may be voided by any party to the Agreement. Upon such termination, the amount contributed thereto by the United States shall be deposited in the general fund of the Treasury. (b) No provision of this Act shall be of any force or effect if the final consent decree is not executed and approved by the court. SEC. 14. VOIDING OF AGREEMENT.

The United States shall not exercise its right to void the Agreement pursuant to Article VI, section C, subsection 2 thereof. Approved November 3, 1988. LEGISLATIVE HISTORY—H.R. 2642 (S. 1415): HOUSE REPORTS: No. 100-932 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-555 accompanying S. 1415 (Select Comm. on Indian , Affairs and Comm, on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 134 (1988): Oct. 3, considered and passed House. Oct. 14, considered and passed Senate.